DOJ issues new guidelines on plea bargaining for drug cases

To conform to the Supreme Court’s Plea Bargaining Framework in Drug Cases (AM No. 18-03-16-SC) dated April 10, 2018, the Department of Justice issued on Tuesday, March 10, 2022, Department Circular No. 018 (Circular) or the Revised Amended Guidelines on Plea Bargaining for Republic Act No. 9165 otherwise known as the “Comprehensive Dangerous Drugs of 2002.”

The Circular revoked Department Circular No. 027 series of 2018 dated June 26, 2018 (old guidelines) for plea bargaining in drug cases. The following are the revisions as to the charge and its acceptable plea bargain:

(a) if the charge is under Section 5 par. 1, plea bargaining is now allowed under Section 12, instead of under Section 11 par. 3;

(b) if the charge is under Section 7, plea bargaining is now solely under Section 12, as plea bargaining under Section 15 was removed from the remedies of the accused;

(c) if the charge is under Section 11 par. 2, plea bargaining is now allowed under Section 11 par. 3;

(d) if the charge is under Section 12, plea bargaining is still under Section 15, but second-time offenders will no longer be allowed to plea bargain again. Furthermore, if the accused admits to using drugs or denies drug use but is found to be a drug dependent through the drug dependency test, he will be subjected to 6 months of treatment and rehabilitation. If the accused tests negative for drug use, the accused will undergo a counseling program at a rehabilitation center; and

(e) if the charge is under Section 14, the same guidelines for violation of Section 12 will be followed.

The guidelines for plea bargaining if the charge is under Section 13 and the guidelines for the other charges where no acceptable plea bargain was stated in the old guidelines remain unchanged.

The most distinct amendment in the Circular was the inclusion of counseling programs for offenders charged under Sections 12 and 14 who tested negative for drug use. This remedy was not present in the old framework.

Meanwhile, consent by the prosecution to plea bargaining now requires the written approval of the City or Provincial Prosecutor concerned, or the prosecutor with the delegated authority to approve plea bargains other than the trial prosecutor.

As stated in the Circular, the abovementioned amendments were made in line with the Department of Justice’s adherence to restorative justice. However, the Circular also provides that when the court insists on approving a plea bargain that is not allowed or goes beyond what is permitted by the Circular, the trial prosecutor should vigorously object in open court and manifest that the State does not allow the said plea bargain.